HB959: HB959 Revenue and taxation; prohibit sale of any flavored consumable vaping product

26 LC 52 0868 House Bill 959 By: Representatives Au of the 50th, Stephens of the 164th, Greene of the 154th, Hawkins of the 27th, and Buckner of the 137th A BILL TO BE ENTITLED AN ACT To amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes1 on tobacco and vaping products, so as to prohibit the sale of any flavored consumable vaping2 product; to provide definitions; to provide for penalties; to p rovide for related matters; to3 repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Chapter 11 of Title 48 of the Official Code of Georgia Annotate d, relating to taxes on7 tobacco and vaping products, is amended by adding a new Code section to read as follows:8 "48-11-4.3.9 (a) As used in this Code section, the term:10 (1) 'Characterizing flavor' means any taste or odor, distingui shable by an ordinary11 consumer either prior to or during the consumption of a consuma ble vapor product,12 including, but not limited to, any taste or odor relating to fruit, chocolate, vanilla, honey,13 candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice, or14 a cooling sensation distinguishable by an ordinary consumer during the consumption of15 a consumable vapor product. Such term shall not include the taste or odor of tobacco.16 H. B. 959 - 1 - 26 LC 52 0868 (2) 'Flavored consumable vapor product' means a consumable vap or product that17 contains any ingredient, concentrate, diluent, or enhancement, whether natural, artificial,18 or organic, that imparts a characterizing flavor.19 (b) It shall be unlawful for any person to give, distribute, sell, offer for sale, or furnish to20 any person a flavored consumable vapor product in this state.21 (c) A violation of any provision of this Code section shall be punished as for a22 misdemeanor as provided in Code Section 16-1-10 and shall resul t in the probation,23 suspension, or revocation by the commissioner of all licenses issued to the person pursuant24 to Code Section 48-11-4."25 SECTION 2.26 All laws and parts of laws in conflict with this Act are repealed.27 H. B. 959 - 2 -